Hard won
Historic SCOTUS decision gives Florida tribe a win, Philippines PAGCOR call, FanDuel’s DC threat, Genting’s NY hopes +More
Decision to deny West Flagler petition clears path for Hard Rock monopoly.
Philippines parliamentary committee calls for the abolishing of PAGCOR.
FanDuel threatens to walk away from DC deal if exclusivity comes to an end.
UK’s BGC welcomes Labour’s gambling manifesto commitments.
Genting smells blood in New York downstate casino hunt.
Oh, let me know when it's done.
Florida Rocks
Denied: The denial on the part of the Supreme Court to hear the challenge to the compact between the state of Florida and the Seminole clears the path for the tribe’s Hard Rock operation to claim exclusive rights to sports betting and iCasino in the state until 2051.
Bright eyes: The SCOTUS decision was warmly welcomed by the Seminole, which said in a statement it means the state and the tribe could “count on a bright future made possible by the compact.”
Recall, the compact was challenged by pari-mutual operators led by West Flagler.
Their contention was that the agreement to authorize sports betting in Florida breaches the Indian Gaming Regulatory Act.
The challenge has also been denied by the Supreme Court of Florida.
This ain’t over: The SCOTUS decision was not unanimous as Justice Brett Kavanaugh voted to grant the petition for writ of certiorari. It also doesn’t close down the legal route for West Flagler, which could yet file suits in the state courts.
Floodgates: The West Flagler argument challenged the so-called hub-and-spoke provision under which any bet that takes place in Florida via the Seminole servers qualifies as having taken place on tribal lands.
The decision could have ramifications in other tribal states, particularly California, which could extend its own compacts to include sports betting in the same manner.
Crowbar: The tribes have “just gained leverage,” said the analysts at JMP, who noted that alongside California, large tribal states such as Oklahoma, Minnesota, Washington and New Mexico could opt to extend existing compacts.
The team suggested it was already evident after the failed sports-betting ballot initiative in California that states with a heavy tribal presence “will not see similar types of operating structures as legal, commercial markets.”
The analysts added that Florida now “has the path” to get iCasino legalized.
JMP estimates Hard Rock will generate $1.3bn-$1.5bn a year from sports betting in Florida.
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Hike: Australia’s New South Wales government is considering significant legislative and regulatory reform of its point of consumption tax regime. The proposals were drawn up by operator Tabcorp, and include an increase in the levy to 20% and other changes to the way funding is structured within the territory’s racing industry.
In other Tabcorp news, Gillon McLachlan has been named as the company’s new managing director and chief executive officer. Subject to approvals, he will take up the role on August 5.
For over a decade McLachlan was CEO of Australia’s most popular sporting code, the Australian Football League. He oversaw a doubling of the sport’s revenue and expansion of the number of teams permitted to play.
Ouch-er: Separately in Australia, bet365 is reported to have already fallen foul of the new rules banning the use of credit cards to fund gambling transactions. The Australian Financial Review said bet365’s existing payment schemes allow customer deposits via paysafecard and Flexepin, which both permit online purchases via credit card.
Hard sell: Soccer’s European Championships are underway, and hosts Germany are upping scrutiny of operator marketing in anticipation of a spike in activity. Regulator Gemeinsamen Glücksspielbehörde der Länder said it was on the lookout for advertising compliance breaches, as the country rolled out a partial ban in 2021.
Live betting is banned, while operators cannot advertise online or on TV during certain hours of the day, with further limits on sports clips within advertisements,
German operators have fought to overturn the rules since their implementation with an eye to the popular soccer tournament, which is expected to generate more than $10bn in wagers.
What we’re reading
What happens when MLB players bet? Sportico on baseball’s “unwieldy system” that dates back to the 1919 Black Sox scandal.
What Ho? Thailand’s tourism authority chief Thapanee Kiatphaibool met with MGM China’s Pansy Ho late last week to discuss tourism cooperation opportunities between the two jurisdictions. Inside Asian Gaming.
PAGCOR abolishment call
What’s in a name? The chair of a government reorganization committee in the Philippines’ House of Representatives has proposed abolishing PAGCOR and replacing it with a regulator-only entity called the Philippine Amusement and Gaming Commission (PAGCOM).
POGO stick: The proposal would also include the privatization of PAGCOR’s existing casino operations and the removal of its role on licensing offshore online operators under the Philippine Offshore Gaming Operators or POGO system.
The proposal would envision PAGCOM collecting 5% of GGR from casino operators.
Shut it down: The news on the proposal came after stinging criticism of the POGO system from a spokesperson for the Chinese embassy in Manilla, which called on the Philippine authorities to ban the offshore operators due to the “overwhelming evidence” of their connections to organized crime.
FanDuel’s DC threat
Warning shot: FanDuel has warned it would call a halt to its only-recently enabled contract in Washington DC with the Office of Lottery and Gaming to be the exclusive OSB operator should the DC Council approve an amendment to create a competitive sports-betting market.
Under the current structure, FanDuel – which took over from GambetDC in April – pays 40% tax in exchange for its monopoly position.
The new amendment would provide for multiple operators to pay between 20% and 30%.
Should the contract be terminated, it is thought FanDuel would be able to reenter the market via a partnership with a DC sports team.
UK election
The right fluff: The UK’s top industry lobby group has backed the Labour Party’s promise to tighten wagering standards should it win power. Branding the opposition, and heavy favorites to win the forthcoming general election, “a government in waiting,” the Betting and Gaming Council (BGC) said it is on board with Labour’s pledges.
In the shadows: BGC CEO Michael Dugher said: “We have worked closely with shadow ministers in recent years and we strongly welcome their commitment in the manifesto to work with the regulated industry.”
Measures backed by both the BGC and Labour include the player harm statutory levy, a new consumer regulator, frictionless financial risk checks and fresh proposals to prop up the land-based sector.
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New York marathon
We got this: Genting can smell blood in the hunt for three New York City casino licenses. The Asian gaming giant already owns the Resorts World casino in the Big Apple, and has promised the state a big bag of cash ($1bn+ in annual tax revenue) should they rubber stamp its application.
At the firm’s recent annual general meeting, bosses told investors the firm’s existing presence in the state put Resorts World New York City in the driving seat for one of the new downstate licenses.
While no official decision has been made, and progress has been slow, legislators are picking up the pace as the field of applicants appears to be thinning.
People get ready: Last week, both the New York State Senate and Assembly passed legislation to establish a hard deadline for the casino licensing stage. The bill, SB 9673, now requires approval from Governor Kathy Hochul.
The final deadline for issuing licenses is set for March 31, 2026, with final applications due later this year, on August 31.
Red tape in the form of land use regulations and municipal approvals had strung out the process, but the new bill allows developers to push ahead prior to the resolution of any such matters.
An end date is now in sight for proceedings that began in October 2022 when the New York State Gaming Commission first revealed it was looking to add new casinos.
Licenses were priced at a minimum of $500m, and hopefuls must commit a required minimum capital expenditure of $500m to create the new casino.
Oh what a circus: Favorites for the licenses are existing casinos, such as Nassau Coliseum on Long Island, Hudson Yards and Times Square in Manhattan. Several fantastical new developments with marquee names attached have failed to gain momentum.
Caesars’ partnership with Jay-Z’s Roc Nation and real estate developer SL Green Realty to build a Caesars Palace casino in Times Square is not popular with local residents. And Mets owner Steve Cohen’s $8bn project next to Citi Field in Queens also appears doomed, having caught the ire of influential local politicians who said they won’t back the project.
Genting and MGM Resorts International, which operates Empire City in Yonkers, are leading the pack due to their long-time presence and plans to extend their offerings.
Fly in the ointment: One black mark against Genting may be the reputational damage to the Resorts World brand given its links to the blockbuster baseball gambling scandal surrounding star player Shohei Ohtani.
Ippei Mizuhara, the former interpreter for the the LA Dodgers two-way MVP, recently pleaded guilty to stealing $16m from Ohtani to pay off gambling debts, with much of the funds passing through Genting’s Las Vegas Strip property via an underground bookie.
Federal agencies are investigating the case, and probing how California-based bookmaker Mathew Bowyer, to whom Mizuhara owed multiple millions, was able to wager seven-figure sums at Resorts World despite being a known black market operator.
Nelson Rose, author of the Gambling and the Law blog told the New York Post: “A scandal of this size hurts the gaming industry, especially because it comes so soon after legal sports betting exploded across the country.”
Last year, Genting fired Scott Sibella from his position as president and COO of Resorts World for allegedly allowing illegal bookies to spend enormous sums at the MGM Grand on the Las Vegas Strip while president of that casino.
Calendar
Jun 18-20: Canadian Gaming Summit
Jul 17-20: National Council of Legislators from Gaming States, Pittsburgh
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